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Decision of Note
The U.S. Court of Appeals for the First Circuit decided, in a ruling of first impression, that a federal court has subject-matter jurisdiction over a suit against a foreign defendant under the Lanham Act only if the protested activities have a substantial effect on U.S. commerce. McBee v. Delica Co. Ltd., 04-2733.
U.S. jazz artist Cecil McBee sued a Japanese company that sold a “Cecil McBee” clothing line. The musician had toured Japan several times but never licensed his name for use outside of his musical activities. The defendant's “Cecil McBee” stores, which generated significant sales, were located only in Japan. The district court dismissed the suit.
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